50 Cited authorities

Nat'l R.R. Passenger Corp. v. Morgan
536 U.S. 101 (2002) Cited 10,300 times 31 Legal Analyses
Holding limitations period for hostile-work-environment claim runs from the last act composing the claim
Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc.
528 U.S. 167 (2000) Cited 7,186 times 25 Legal Analyses
Holding that plaintiffs who curtailed their recreational activities on a river due to reasonable concerns about the effect of pollutant discharges into that river had standing
Zadvydas v. Davis
533 U.S. 678 (2001) Cited 4,268 times 17 Legal Analyses
Holding that the Government's detention authority under Section 1231 is authorized for "a period reasonably necessary to secure removal"
United States v. Mead Corp.
533 U.S. 218 (2001) Cited 2,599 times 30 Legal Analyses
Holding that a Customs classification ruling "has no claim to judicial deference under Chevron " but can "claim respect according to its persuasiveness"
Christensen v. Harris County
529 U.S. 576 (2000) Cited 1,894 times 18 Legal Analyses
Holding that agency interpretations contained in "policy statements, agency manuals, and enforcement guidelines, all of which lack the force of law do not warrant Chevron-style deference"
Whitmore v. Arkansas
495 U.S. 149 (1990) Cited 2,864 times 16 Legal Analyses
Holding that a third party does not have "standing to challenge the validity of a death sentence imposed on a capital defendant who has elected to forgo his right of appeal"
Bowen v. Georgetown University Hospital
488 U.S. 204 (1988) Cited 1,719 times 10 Legal Analyses
Holding that courts will not defer to an agency's litigating position where it contradicts the agency's prior “regulations, rulings, or administrative practice”
Clark v. Martinez
543 U.S. 371 (2005) Cited 923 times 4 Legal Analyses
Holding that § 1231 does not authorize indefinite detention
Singleton v. Wulff
428 U.S. 106 (1976) Cited 2,711 times 2 Legal Analyses
Holding that federal appellate courts may raise issues sua sponte where "injustice might otherwise result"
Skidmore v. Swift Co.
323 U.S. 134 (1944) Cited 3,750 times 66 Legal Analyses
Holding that "the rulings, interpretations and opinions of the Administrator" of the statute in question, "while not controlling upon the courts by reason of their authority," were nonetheless available for guidance to the extent they had the "power to persuade"
Section 1158 - Asylum
8 U.S.C. § 1158 Cited 10,450 times 4 Legal Analyses
Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"
Section 1231 - Detention and removal of aliens ordered removed
8 U.S.C. § 1231 Cited 7,818 times 13 Legal Analyses
Concluding that once petitioner's removal order was reinstated, he was no longer eligible for "relief" in the form of adjustment of status-even if he could obtain a Form I-212 waiver
Section 702 - Right of review
5 U.S.C. § 702 Cited 7,079 times 24 Legal Analyses
Granting judicial review of "agency action"
Section 2242 - Application
28 U.S.C. § 2242 Cited 3,691 times 4 Legal Analyses
Requiring § 2241 petitioner to name "the person who has custody over" petitioner as respondent
Section 1255 - Adjustment of status of nonimmigrant to that of person admitted for permanent residence
8 U.S.C. § 1255 Cited 2,841 times 5 Legal Analyses
Listing classes of nonimmigrants, such as students and tourists
Section 1225 - Inspection by immigration officers; expedited removal of inadmissible arriving aliens; referral for hearing
8 U.S.C. § 1225 Cited 1,280 times 16 Legal Analyses
Setting standard for credible fear as "a significant possibility, taking into account the ... statements made by the alien ... and such other facts as are known to the officer, that the alien could establish eligibility for asylum"
Section 1253 - Penalties related to removal
8 U.S.C. § 1253 Cited 1,123 times 3 Legal Analyses
Establishing an exception to withholding for a dangerous alien who has been convicted of a "particularly serious crime," defined to include an "aggravated felony"
Section 1332 - Congressional declaration of policy
43 U.S.C. § 1332 Cited 111 times 2 Legal Analyses
Declaring it to be "the policy of the United States that . . . the subsoil and seabed of the outer Continental Shelf appertain to the United States and are subject to its jurisdiction, control, and power of disposition"
Section 1521 - Office of Refugee Resettlement; establishment; appointment of Director; functions
8 U.S.C. § 1521 Cited 31 times
(a) There is established, within the Department of Health and Human Services, an office to be known as the Office of Refugee Resettlement (hereinafter in this subchapter referred to as the "Office"). The head of the Office shall be a Director (hereinafter in this subchapter referred to as the "Director"), to be appointed by the Secretary of Health and Human Services (hereinafter in this subchapter referred to as the "Secretary"). (b) The function of the Office and its Director is to fund and administer
Section 327.02 - Definitions
Fla. Stat. § 327.02 Cited 30 times
As used in this chapter and in chapter 328, unless the context clearly requires a different meaning, the term: (1) "Airboat" means a vessel that is primarily designed for use in shallow waters and powered by an internal combustion engine with an airplane-type propeller mounted above the stern and used to push air across a set of rudders. (2) "Alien" means a person who is not a citizen of the United States. (3) "Barge" means a vessel that does not have living quarters, is not propelled by its own

Movimiento Democracia, Inc. et al v. Secretary, Department of Homeland Security et al

50 Cited authorities

Holding limitations period for hostile-work-environment claim runs from the last act composing the claim

Holding that plaintiffs who curtailed their recreational activities on a river due to reasonable concerns about the effect of pollutant discharges into that river had standing

Holding that the Government's detention authority under Section 1231 is authorized for "a period reasonably necessary to secure removal"

Holding that a Customs classification ruling "has no claim to judicial deference under Chevron " but can "claim respect according to its persuasiveness"

Holding that agency interpretations contained in "policy statements, agency manuals, and enforcement guidelines, all of which lack the force of law do not warrant Chevron-style deference"

Holding that a third party does not have "standing to challenge the validity of a death sentence imposed on a capital defendant who has elected to forgo his right of appeal"

Holding that courts will not defer to an agency's litigating position where it contradicts the agency's prior “regulations, rulings, or administrative practice”

Holding that § 1231 does not authorize indefinite detention

Holding that federal appellate courts may raise issues sua sponte where "injustice might otherwise result"

Holding that "the rulings, interpretations and opinions of the Administrator" of the statute in question, "while not controlling upon the courts by reason of their authority," were nonetheless available for guidance to the extent they had the "power to persuade"

Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"

Concluding that once petitioner's removal order was reinstated, he was no longer eligible for "relief" in the form of adjustment of status-even if he could obtain a Form I-212 waiver

Granting judicial review of "agency action"

Requiring § 2241 petitioner to name "the person who has custody over" petitioner as respondent

Listing classes of nonimmigrants, such as students and tourists

Setting standard for credible fear as "a significant possibility, taking into account the ... statements made by the alien ... and such other facts as are known to the officer, that the alien could establish eligibility for asylum"

Establishing an exception to withholding for a dangerous alien who has been convicted of a "particularly serious crime," defined to include an "aggravated felony"

Declaring it to be "the policy of the United States that . . . the subsoil and seabed of the outer Continental Shelf appertain to the United States and are subject to its jurisdiction, control, and power of disposition"